[Congressional Record Volume 156, Number 12 (Thursday, January 28, 2010)]
[Senate]
[Pages S342-S343]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LEAHY (for himself and Mr. Lugar):
  S. 2960. A bill to exempt aliens who are admitted as refugees or 
granted asylum and are employed overseas by the Federal Government from 
the 1-year physical presence requirement for adjustment of status to 
that of aliens lawfully admitted for permanent residence, and for other 
purposes; to the Committee on the Judiciary. 
  Mr. LEAHY. Mr. President, I introduce today the Refugee Opportunity 
Act, legislation that corrects an unfortunate limitation under current 
law. I thank Senator Lugar for joining me in support of this 
legislation. The immigration statute requires a refugee who is 
resettled in the United States to remain on U.S. soil for a full year 
before adjusting to lawful permanent residence. For many, this 
requirement offers no obstacles. The majority of resettled refugees 
immediately begin to work, learn English, and contribute to their local 
communities. Yet the 1-year physical presence requirement poses a 
significant barrier to resettled refugees who are eager and willing to 
serve the U.S. Government overseas. If they do, they lose that 
settlement. We can correct that.
  One of the tragic legacies of the war in Iraq is the humanitarian 
crisis that grew out of the conflict, in which millions of people have 
been displaced both internally and externally, and in which many others 
have been killed in horrific acts of political and religious 
persecution. Violent reprisals, kidnappings, and bombings were 
committed during the insurgency that rose up after May 2003, when 
President Bush declared the end of major combat operations. Diplomatic 
and military efforts to quell the insurgency and bring order to Iraq 
were aided by many brave Iraqi citizens, who, at great risk to 
themselves and their families, assisted the United States as 
interpreters or in other capacities. These individuals took such risks 
knowing the dangers they faced, and many lost their lives.
  In 2007, I worked with Senator Ted Kennedy to enact legislation to 
provide special visas for Iraqi interpreters who had assisted the 
United States in Iraq and who wished to resettle in the United States 
to escape the grave dangers they faced as a result of their cooperation 
with our government. I was proud to join Senator Kennedy in that 
effort. The enactment of that legislation made clear our commitment to 
aiding those who had assisted the United States with the critical 
mission in Iraq. It was the right thing to do.
  In 2008, I joined Senator Schumer in sponsoring the Military 
Personnel Citizenship Processing Act. This legislation removed 
bureaucratic barriers to becoming U.S. citizens for immigrants serving 
in our military. Congress enacted this legislation to recognize the 
contributions of immigrants who serve the United States and to fulfill 
many soldiers' dreams of becoming U.S. citizens. Also in 2008, I worked 
with Senator Mikulski to enact the complementary Kendell Frederick 
Citizenship Assistance Act, a bill that made the pathway to citizenship 
for immigrants serving in the military simpler and more efficient. 
Congress has spoken consistently in favor of recognizing the value of 
immigrants and refugees who embrace the United States through service 
to their adopted Nation.
  Today I introduce the Refugee Opportunity Act, legislation that 
builds upon this strong commitment by correcting an unfortunate 
limitation under current law. I thank Senator Lugar for joining me in 
support of this legislation. The immigration statute requires a refugee 
who is resettled in the United States to remain on U.S. soil for a full 
year in order to adjust to lawful permanent residence. For many, this 
requirement presents no obstacles. The majority of resettled refugees 
immediately begin to work, learn English, and contribute to their local 
communities. The 1-year physical presence requirement poses a 
significant barrier to resettled refugees who are eager and willing to 
serve the U.S. Government overseas, whether as an engineer, a 
translator, or in some other meaningful capacity. Accepting such 
employment will result in the delay of a refugee's ability to adjust 
his or her status and fully integrate into our society. There is no 
logical reason to deter these refugees from taking U.S.-affiliated 
positions overseas, especially when they seek to serve the government 
that has offered them protection.
  One example of such a case can be found in the story of Mr. Ahmed 
Alrais. Mr. Alrais came to the United States as a refugee with his 
family after he worked as an interpreter for the U.S. Army in Iraq. His 
work for the Army led to threats against his life, and the United 
States appropriately granted him refugee status. But then, after 
struggling to find work in the Chicago area and wanting to provide for 
his family, Mr. Alrais decided to again face the risks of working in 
Iraq. He joined the staff of a U.S. Army contractor and began to work 
on a military base in Iraq. Ironically, taking this risk has delayed 
his ability to earn lawful permanent residence in the United States 
because the Department of Homeland Security will not give him credit 
toward the 1 year physical presence requirement for the time he has 
spent working with the Army contractor in Iraq. If he had remained in 
the United States for a full year unemployed, he would not have been 
penalized under the immigration law. By choosing to work, to support 
his family, and serve our Nation's military effort in Iraq, he has 
sacrificed months toward obtaining a green card.
  To recognize the past and future contributions of refugees like Mr. 
Alrais, this legislation proposes to create an exception in our 
immigration law to waive the continuous presence requirement for any 
refugee who, during their first year of residence in the United States, 
accepts employment overseas to aid the U.S. Government. This 
legislation will not only recognize the commendable actions of refugees 
who wish to honor the United States by working for our government 
overseas, it will also enrich our government's military and diplomatic 
missions by drawing upon the professional and language skills of 
refugees. Finally, this bill will encourage more refugees to assist the 
U.S. efforts abroad. These are goals we should all support.
  Our refugee policies have long been a beacon of hope and promise to 
many around the world. This legislation is the beginning of a renewed 
effort to improve and modernize our refugee policies to adapt to our 
changing world. March 17 will mark the 30th anniversary of the 
enactment of the Refugee Act of 1980, a law originally introduced by 
Senator Kennedy, a champion of refugees and asylum seekers. I intend to 
introduce legislation this year to mark that important anniversary. In 
the coming weeks, I will introduce a bill to enhance protections by 
bringing our refugee and asylum laws up to date. This comprehensive 
refugee package will also build on legislation I introduced in the 
106th and 107th Congresses, the Refugee Protection Act. I will speak in 
greater detail on this comprehensive refugee protection package in the 
coming weeks.
  There is no reason to delay introduction of the bill I offer today, 
however. In 2007, Congress recognized the value and the bravery of 
those refugees who assisted us in Iraq, and once we pledge American 
protection, we must follow through with that promise. The circumstances 
of Mr. Alrais and his family demonstrate the grave inequity that 
results from current law. They escaped from tyranny and won protection 
here in the United States. They hope to build a safe and stable life in 
our country. They will contribute to our communities, educate their 
children, and become entwined in the fabric of the United States. And 
the evidence of such dreams is already seen in the actions of this 
family. Mr. Alrais' wife, Nada Alkhaddar, helps other refugees adjust 
to life in Chicago under the auspices of a nonprofit community 
organization. Mr. Alrais' 17-year-old son plays football at his Chicago 
high school and recently told a reporter that he wants to become a 
Chicago policeman the embodiment of the public servant ``for America,'' 
he said.
  I urge all Senators to join me in supporting the Refugee Opportunity 
Act, a sensible, appropriate, and overdue modification to our 
immigration law.

[[Page S343]]

                                 ______